E 359 





LIBRARY OF CONGRESS 




ODDDSDflEHHH 






»,-.• 



' "^' ^ ' '■'-^■•". \/ .'Jfe\ %,^* 



^■^K" 

^•i-^. 



rO -:^*% o^ ,-r' ♦•'■J.!- "^^ cO ^-'J^". 







































"0^*^^%°' *^,'-^\/ %-^'/ ^ 



















^C 



. . s 






I'L 



SPEECH 

DELIVERED 

BY THE HOIST. HENRY CLAY, 
IN THE HOUSE OF REPRESENTATIVES 



OF 

THE VXITEB STJLTES, 
FRroAY, THE EIGHTH DAY OF JANUARY, 18i3j 



ON THE 

BILL FOR RAISING AN ADDITIONAL MILITARY FORCPi 

OP 

TWENTY THOUSAND MEN 

FOR ONE Yti^yj^lJ^f^^jJ^. 




WASHINGTON CITY. 

PtFBLISHED AT THE OFFICE OF THE NATIONAL 
INTELLIGENCER. 

1813, 



E^n 



SPEECH. 



\_The House in commit tee of the lo/iolCf Mr. Bibb in the chair,'\ 

MR. H. CLAY (Speaker) said he was gratified yesterday 
by the recommilment of this bill to a commitlee of the whole 
House, from two considerations; one, since it afforded to him a 
slight relaxation from a most fatiguing situation, and the other, 
because it furnished him with an opportunity of presenting to 
the commitlee his sentiments upon the important topics which 
had been mingled in the debate. He regretted, however, that the 
necessity under which the chairman had been placed, of putting 
the question.* precluded him from an opportunity he had wished 
to have enjoyed of rendering more acceptable to the committee 
any thing he might have to offer on the interesting points it was 
bis duty to touch. Unprepared, however, as he was to speak on 
this day, of which he was the more sensible from the ill state of 
his health, he would solicit the attention of the committee for a 
few moments. 

I was a little astonished, I confess, said Mr. C. when I found this 
bill permitted to pass silently through the committee of the whole, 
and that, not until the moment when the question was about to be 
put for its third reading, was it selected as that subject on which 
gentlemen in the opposition, chose to lay before the House their 
views of the interesting attitude in which the nation stands. It did 
appear to me that the loan bill, which will soon come before us, 
would have afforded a much more proper occasion, it being more 
essential, as providing the ways and means for the prosecution of 
the war. But the gentlemen had the right of selection, and hav- 
ing exercised it, no matter how improperly, I am gratified, what- 
ever I may think of the character of some part of the debate, at 
the latitude in which, for once, they have been indulged. I claim 
only, in return, of gentlemen on the other side of the House and 
of the committee a like indulgence, in expressing, with the same 
unrestrained freedom, my sentiments. Perhaps in the course of 
the remarks, which I may feel myself called upon to make, said 
he, gentlemen may apprehend that they assume too liarsh an 
aspect. I have only now to say that I sliall speak of parties, 
measvires, and things, as they strike my moral sense, protesting 
against the imputation of any intention, on my part, to wound the 
feelings of any gentleman. 

* The chairman had risen to put the question, which would have cut Mr. C, 
off from the chance of speaking, by returning the bill to the House. Edit. 



Considering the situation in which this country is now placed—* 
in a state of actual war with one of the most powerful nations on 
the earth — it may not be useless to take a view of the past, of 
various parties which have at different times appeared in this 
country, and to attend to the manner by which we have been 
driven from a peaceful posture. Such an inquiry may assist in 
guiding us to that result, an honorable peace, which must be the 
sincere desire of every friend to America. The course of that 
opposition, by which the administration of the government had 
been unremittingly impeded, for the last twelve years, was sin- 
j^ular, and, I believe, unexampled in the history of any country. 
It has been alike the duty and the interest of the administration 
to preserve peace. Their duty, because it is necessary to the 
growth of an infant people, their genius, and their habits. Their 
interest, because a change of the condition of the nation brings 
along with it a danger of the loss of the aff'ections of the people. 
The administration has not been forgetful of these solemn obliga- 
tions. No art has been left unessayed; no experiment, promising 
a favorable result, left untried, to maintain the peaceful relations 
of the country. When, some six or seven years ago, the aflfairs 
of the nation assumed a threatening aspect, a partial non-importa- 
tion was adopted. As they grew more alarming an embargo was 
imposed. It would have attained its purpose, but it was sacrificed 
upon the altar of conciliation. Vain and fruitless attempt to pro« 
pitiate! Then came a law of non-intercourse; and a general non- 
importation followed in the train. In the meantime, any indica- 
tions of a return to the public law and the path of justice, on the 
part of either belligerent, are seized with avidity by administra- 
tion — the arrangement with Mr. Erskine is concluded. It is first 
applauded and then censured by the opposition. No matter with 
what unfeigned sincerity administration cultivates peace, the op- 
position will insist that it alone is culpable for any breach between 
the two couniries. Because the President thought proper, in 
accepting the proffered reparation for the attack on a national 
vessel, to intimate that it would have better comported with the 
justice of the King (and who does not think so?) to punish the 
oflfending officer, the opposition, entering into the royal feelings, 
sees in that imaginary insult abundant cause for rejecting Mr. 
Erkine's arrangement. On another occasion^ you cannot have 
forgotten the hypercritical ingenuity which they displayed to divest 
Mr. Jackson's correspondence of a pi'crneditated insult to this 
country. If gentlemen would only reserve for their own govern- 
ment half the sensibility which is indulged for that of Great Bri- 
tain, they would find much less to condemn. Restriction after 
restriction has been tried — negotiation has been resorted to. until 
longer to have negotiated would have been disgraceful. Whilst 
these peaceful experiments are undergoing a trial, what is the 
conduct of the opposition? They are the champions of war — the 
proud — the spirited — the sole repository of the nation's honor— 
the exclusive men of vigor and energy. The administration, on 



the contrary, is weak, feeble, and pusillanimous — " incapable of 
beini^ kicked into a war." The maxim, " not a cent for tribute, 
millions for tlcfence," is loudly proclaimed. Is the administration 
for negotiation? The opposition is tired, sick, disgusted with 
negotiation. They want to draw the sword and avenge the nation's 
wrongs. When, at length, foreign nations, perhaps, emboldened 
by the very opposition here made, refused to listen to the amicable 
appeals made, and repeated and reiterated by administration, to 
their justice and to their interests — when, in fact, war with one of 
them became identified with our independence and our sove- 
reignty, and it was no longer possible to abstain from it, behold 
the opposition becoming the friends of peace and of commerce. 
They tell you of the calamities of war — its tragical events — the 
squandering away of your resources — the waste of the public 
treasure, and the spilling ot innocent blood. They tell you that 
honor is an illusionl Now we see them exhibiting the terrific 
forms of the roaring king of the forest. Now the meekness and 
humi!ity of the Iambi They are for war and no restrictions, when 
the administration is for peace. They are for peace and restric- 
tions, when the administration is for war. You find them, sir, 
tacking with every gale, displaying the colors of every party, and 
of all nations, steady only in one unalterable purpose, to steer, if 
possible, into the haven of power. 

During all this time the parasites of opposition do not fail by 
cunning sarcasm or sly inuendo to throw out the idea of French 
influence, which is known to be false, which ought to be met in 
one manner only, and that is by the lie direct. The administration 
of this country devoted to foreign influencel The administration 
of this country subservient to France! Great Godl how is it so 
influenced! By what ligamen, on what basis, on what possible 
foundation does it rest? Is it on similarity of language? No! we 
speak difterent tongues, we speak the English language. On the 
resemblance of our laws? No! the sources of our jurisprudence 
spring from another and a diff'erent country. On commercial 
intercourse? No! we have comparatively none with France. Is 
it from the correspondence in the genius of the two governments? 
No! here alone is the liberty of man secure from the inexorable 
despotism which every where else tramples it under foot. Where 
then is the ground of such an influence? But. sir, I am insulting 
you by argumg on such a subject. Yet preposterous and ridicu- 
lous as the insinuation is, it is propagated with so much industry, 
that there are persons found foolish and credulous enough to believe 
it. You will, no doubt, think it incredible (but I have nevertheless 
been told the fact), that an honorable member of this House, now 
in my eye, has recently lost his election by tlie circulation of a 
story in his district, that he was the first cousin of the Emperor 
Napoleon. The proof of the charge was rested on a statement of 
facts which was undoubtedly true. The gentleman in question, it 
■was alleged, had married a connexion of the lady of the President 
of the United States, who was the intimate friend of Thomas 



( 



Jefferson, late President of the United States, who some years ago 
was in the habit of wearing red French brteches. iSow taking 
these premises as established, you, Mr. Chairman, are too good a 
logician not to see that the conclusion necessarily followed! 

Throughout the period he had been speaking of, the opposition 
had been distinguished, amidst a'l its veerings and changes, by 
another inliexible feature — the application of every vile epithet 
•which our rich language affords to Bnnapatte. He has been 
compared to every hideous monster and beast, from that of ihe 
Revelations to the most insigniticant quadruped. He has been 
called the scourge of mankind, the destroyer of Europe, the great 
robber, ihe infidel, and heaven knows by what other names. Really, 
gentlemen remind me of an obscure lady in a city not very far off, 
who also took it into her head, in conversation with an accomplished 
French gentleman, to talk of the affairs of Europe. She too spoke 
of the destruction of the balance of power, stormed and raged 
about the insatiable ambition of the Emperor; called him the curse 
of mankind, the destroyer of Europe. The Frenchman listened to 
her with periect patience, and when she had ceased said to her, 
with ineffable politeness: Madame it would give my master, the 
Emperor, infinite pain, if he knew how hardly vou thought of himi 

Sir, gentlemen appear to me to forget that they stand on Ame- 
rican soil; that they are not in the British House of Commons, but 
in the chamber of the House of Representatives of the United 
States; that we have nothing to do with the affairs of Europe the 
partition of territory and sovereignty there, except in so far as 
these things affect the interests of our own country. Gentlemen 
transform themselves into the Burkes, Chathams, and Pitts of 
another country, and forgetting from honest zeal the interesrs of 
America, engage with European sensibility in the discussion of 
European interests. If gentlemen ask me if I do not view with 
regret and horror the concentration of such vast power in the hands 
of Bonaparte? I reply that I do. I regret to see the Emperoi of 
China holding such immense sway over the fortunes of millions of 
our species. I regret to see Great Britain possessing so uncon- 
trolled a command over all the waters of our globe. And if I had 
the ability to distribute among the nations of Europe their several 
portions of power and of sovereignty, I would say that Holland 
should be resuscitated and given the weight she enjoyed in the 
days of her Dewitts. I would confine France v\ithin her natural 
boundaries, the Alps, the Pvrennees, and the Rhine, and make her 
a secondary naval power only. I would abridge the British mari- 
time power, raise Prussia and Austria to first rate powers, and 
preserve the integrity of the empire of Russia But these are 
speculations. 1 look at the political transactions of Europe, with 
the single exception of their possible bearing upon us, as I do at 
the history of other countries or other times. I do not survey 
them with half the interest that I do the movements in South 
America. Our political relation is much les^ important than it is 
supposed to be. I have no fears of French or English subjugation. 



if we are united, we are too powerful for the mightiest nation in 
Europe, or aH i:'urope com 'ined. If we are separated and torn 
asunder we shall becom.- an easy prey to the weakest of them. 
In the latter dreadful contini^ency, our country will not be worth 
preserving 

T^'ext to the notice which the opposition has found itself called 
upon to bestow upon the French Emperor, a distinguished citizen 
of Virginia, formerly President of the United States, has never for 
a moment failed to receive their kindest and most respectful atten- 
tion. An honorable gentleman from Massachusetts (Mr. Quincy), 
of whom I am sorry to say it becomes necessary for me, in the 
course of my remarks, to take some notice, has alluded to him in 
a remarkable manner. Neither his retirement from public office, 
his eminent services, nor his advanced age, can exempt this patriot 
from the coarse assaults of party malevolence. No, sir, in 1801, 
he snatched from the rude hands of usurpation the violated consti- 
tution of his country, and that is his crime. He preserved that 
instrument in form, and substance, and spirit, a precious inheri- 
tance, for generations to come, and tor this he can never be forgiven. 
How impotent is party rage directed against him! He is not 
more elevated by his lofty residence, upon the sunnmit of his own 
favorite mountain, than he is lifted, by the serenity of his mind, 
and the conciousness of a well spent life, above the malignant 
passions and the turmoils of the day. No! his own beloved Mon- 
ticello is not less moved by the storms that beat against its sides 
than he hears with composure, if he hears at all, the howlinsjs of 
the whole British pack set loose from the Essex kennel! When 
the gentleman to whom I have been compelled to allude shall have 
mingled his dust with that of his abused ancestors, when he shall 
be consigned to oblivion, or if he lives at all, shall live only in the 
treasonable annals of a certain junto, the name of Jefferson will 
be hailed as the second founder of the liberties of this people, and 
the period of his administration will be looked back to as one of 
the happiest and brightest epochs in American history. I beg the 
gentleman's pardon; he has secured to himself a more imperish- 
able fame. 1 think it was about this time four years ago that the 
gentleman submitted to the House of Representatives an initiative 
proposition for an impeachment of Mr. Jefferson. The House con- 
descended to consider it. The gentleman debated it with his 
usual tf^mfier., moderation^ and urbanity. The House decided it in 
the most solemn manner, and although the gentleman had some 
how obtained a second, the final vote stood, one for the proposition, 
1 17 against it! The same historic page that transmitted to poste- 
rity the virtues and the glory of Henry the Great of France, for 
their admiration and example, has preserved the infamous name of 
the fanatic assassin of that excellent monarch. The same sacred 
pen that pourtrayed the sufferings and crucifixion of the Saviour 
of mankind has recorded, for universal execration, the name of 
him who was guilty, not of betraying his country, but (a kuxdred 
crime) of betraying his God! 



8 

In one respect there is a remarkable di {Terence between adminis- 
tration and the opposition — it is in a sacred regard for personal 
liberty. When out of povrer my political friends condemned the 
surrender of Jonathan Robbins; they opposed the violation of 
the freedom of the press, in the sedition law; they opposed the 
more insidious attack upon the freedom of the person under Ihc 
imposing garb of an alien law. The party now in opposition, then 
in power, advocated the sacrifice of the unhappy Robbins, and 
passed those two laws. True to our principles, we are now strug- 
gling for the liberty of our seamen against foreign opptession. 
True to theirs, they oppose the war for this object. They have in- 
deed lately affected a tender solicitude for the liberties of the people, 
and talk of the danger of standing armies, and the burden of taxes. 
But it is evident to you, Mr. Chairman, that they speak in a foreign 
idiom. Their brogue betrays that it is not their vernacular tongue. 
What! the opposition, who in 1798 and 1799, could raise an useless 
army to fight an enemy 3000 miles distant from us, alarmed at 
the existence of one raised for a known specified object — the attack 
of the adjoining provinces of the enemy. The gentleman from 
Massachusetts, who assisted by his vote to raise the army of 25,000, 
alarmed at the danger of our liberties from this very armyl 

I mean to speak of another subject, which I never think of but 
with the most awful considerations. The gentleman from Massa- 
chusetts, in imitation of some of his predecessors of 1799, has en- 
tertained us with cabinet plots, presidential plots, which are con- 
jured up in the gentleman's own perturbed imagination. I wish 
sir, that another plot of a much more serious kind — a plot that aims 
at the dismemberment of our Union, had only the same imaginary- 
existence. But no man, who had paid any attention to the tone of 
certain prints, and to transactions in a particular quarter of the 
Union for several years past, can doubt the existence of such ». 
plot. It was far, very far from my intention to charge the oppo- 
sition with such a design. No, he believed them generally incapa- 
ble of it. He could not say as much for some who were unworthily 
associated with them in the quarter of the Union to which he re- 
ferred. The gentleman cannot have forgotten his own sentiment* 
uttered even on the floor of this House," peaceably if we can, FOR- 
CIBLY if we must." In and about the same time Henry's mis- 
sion to Boston was undertaken. The flagitiousness of that embassy 
had been attempted to be concealed by directing the public atten- 
tion to the price which the gentleman says was given for the dis- 
closure. As if any price could change the atrociousness of the 
attempt on the part of Great Britain, or could extenuate in the 
slightest degree the offence of those citizens, who entertained and 
deliberated upon the infamous proposition! There was a most re- 
markable coincidence between some of the things which that man 
states, and certain events in the quarter alluded to. In the con- 
tingency of war with Great Britain, it will be recollected tiiat the 
neutrality and eventual separation of that section of the Union was 
to be brought about. How sir, has it happened, since the declara- 



9 

tion of war, that British officers in Canada have asserted to Athe^ 
rican officers that this very neutrality would take place? That they 
have so asserted can be established l^eyond controversy. The pro- 
ject is not brought forward openly, with a direct avowal of the in- 
tention. No, the stock of good sense and patriotism in that portion, 
of the country is too great to be undisguisedly encounteix-d. It is 
assailed from the masked batteries of friendship to peace and com- 
merce on the one side, and by the groundless imputation of oppo- 
site propensities on the other. The affections of the people tnere 
are to be gradually undermined. The project is suggested or 
withdrawn; the diabolical parties, in this criminal tragedy, make 
their appearance or their exit, as the audience to whom they ad- 
dress themselves are silent, applaud, or hiss. I was astonished, sir, 
to have lately read a letter, or pretended letter, published in a pro- 
minent print in that quarter, written not in the fervor of party zeal, 
but cooly and deliberately, in which the writer affects to reason 
about a separation, and attempts to demonstrate its advantages to 
diff'erent sections of the Union, deploring the existence now of what 
he terms prejudices against it, but hoping for the arrival of the pe- 
riod when they shall be eradicated. But sir, I will quit this un- 
pleasant subject; I will turn from one, whom no sense of decency 
or propriety could restrain from soiling the carpet on which he 
treads,* to gentlemen who have not forgotten what is due to them- 
selves, the place in which we are assembled, nor to those by whom, 
they are opposed. The gentlemen from North Carolina, (Mr. 
Pearson), from Connecticut, (Mr. Pitkin), and from New York, 
(Mr. Bleecker), have, with their usual decorum, contended that the 
war would not have been declared, but for the duplicity of France, 
in withholding an authentic instrument of repeal of the decrees of 
Berlin and Milan; that upon the exhibition of such an instrument 
the revocation of the orders in council took place; that this main 
cause of the war, but for which it would not have been declared, 
being removed, the administration ought|to seek for the restoration 
of peace; and that upon its sincerely doing so terms compatible 
■with the honor and interest of this country may be obtained. It is 
my purpose, said Mr. C. to examine, first into the circumstances 
imder which the war was declared; secondly, into the causes for 
continuing it; and lastly, into the means which have been taken 
or ought to be taken to procure peace. But sir, I really am so ex- 
hausted that, little as I am in the habit of asking of the House an 
indulgence of this kind, I feel that I must trespass on their good- 
nfess. [^Here Mr. C. sat down. Mr, A envtonmoved that the commit- 
tee riscj re/iort firogress, and ask leave to set again, which was done. 
On the next day he proceeded.'] 



It is due to Mr. C. to observe, that one of the most offensive expressions used 
fey Mr. Q. an expression which produced disgust on all sides of the House, has 
been omitted in that gentleman's reported speech, which in other respects has 
been much softened. Edit. 

2 



to 

t am sensible, ISlr. Chairman, that some part of the debate, 46- 
whicli tins bill has given rise, has been attended by circumstances 
tnucn to be vegrelled, not usual in this House, and of which it in. 
to be hoped there will be no repetition. The gentleman from 
Boston had so absolved himself from every rule of decorum and 
propriety, had so outraged all decency, that I have found it impos- 
sible to suppress the feelings excited on the occasion. His col- 
league, whom I had the honor to follow (Mr. Wiieaion), whatever 
else he might not have proven, in his very learned, ingenious, anc' 
oriiiinal exposition of the powers of this government — an exposi- 
tion in which he has scughi, where no body b( fore him has looked, 
and no body after him will examine, for a grant of our powers, the 
preamble to the constitution — has clearly shown, to the satisfac- 
tion of all who hear^! him^that the power is conferred of defensive 
v.a\, 1 claim the benefit of a similar principle, in behalf of my 
political friends, against the gentleman from Boston I demand 
only the exercise of the right of repulsion No one is more anx- 
ious than I am to preserve the dignity and the liberality of debate 
—no member more responsible for its abuse. And if, on this 
occasion, its just limits liave been violated, let him, who has been 
the unprovoked cause, appropriate to himself exclusively the con- 
scque ces. 

I omitted yesterday, sir, when speaking of a very delicate and 
paiiifui subject, to notice a powerful eiigine which the conspirators 
agiinsi the integrity of the Union employ to effect their nefarious 
purpose — I mean Southern influence. The true friend to his 
cotuitry, knowing that our constitution was the work of compro- 
mise, in which interests apparently confiicling were attempted ta 
be reconciled, aims to extinguish or allay prejudices. But this 
patriotic exertion does not suit the views of those who are urged 
on bv diabolical ambition. Thev find it convenient to imagine the 
existence of certain improper influences, and to propagate with 
their utmost industry, a belief of them. Hence the idea of Southern 
preponderance — Virginia influence — The yoking- of the respectable 
yeomanry of the north, with the negro slaves, to the car of Southern, 
nabobs. If Virginia really cherished a reprehensible ambition, 
rmd aimed lo monopolize the chief magistrucy of the country, how 
\vas such a purpose to be accomplished? Virginia, alone, cannot 
cleft a President, whose elevation depends upon a plurality of elec- 
toral votes, and a consequent concurrence of many states. Woul^. 
Vermont, disinterested Pennsylvania, the Carolinas, independent 
Georgia, Kentucky, Tennessee, Ohio, liouisiana, all consent to be- 
come the tools ©fan inordinate ambition? But the present incum- 
b< m was designated to the oflice, before his predecessor had re- 
tired. How? By public sentiment — public sentiment which grew 
oir of his known virtues, his illustrious services, and his distin- 
guished abilities. Would the gentleman crush this public senti- 
ment — is he prepared to admit that he would arrest the progress ol 
op nion? 

The war was declared because Great Britain arrogated to her* 



u 

self the pretension of regulating our foreign trade under th« delu- 
sive name of retaliatory orders in council — a preiensiou by which 
she undertook to proclaim to American enterprise, '' Thus far shalt 
thou go, and no farther" — orders ^vhich she refused to revoke af- 
ter the alleged cause of their enactment had ceased; because sue 
persisted in the practice of impressing American seamen; because 
she had instigated the Indians to commit hostilities against us; 
and because she refused indemnity for her past injuries upon our 
•commerce. I throw out of the question other wrongs. The war 
in fact was announced, on our part, to meet the war which she 
%vas waging, on her part. So undeniable were the causes of the war 
- — so powerfully did they atklress themselves to the feelings of the 
whole American peoi)Ic, that whun the bill was pending before this 
House, geuilemen in the opposition, ailhough provoked to debate, 
".vould not, or could not, utter one syllable against it. It is true 
they v^ rapped themselves up in sullen silence, pretending that they 
did not choose to debate such a question in secret session. Whilst 
speaking of the proceedings on that occasion, ibeg to be permitted 
to advert to another fact that transpired— an important fact, ma- 
terial for the nation to know, and which I have often regretted had 
not been spread upon our journals My honorable lleague (Mr, 
^i^Kee) moved, in committee of the whole, to comp bend France 
m the war; and when the question was taken upon th propos t n, 
there appeared but ten votes in support of it. of whom, seven i.e- 
Songed to this side of the House, and three only to the other! 

It is said that we were inveigled into the war by the perfidy 
of France; and that had she furnished the document in time, 
•which was first published in England, in May last, it would have 
been prevented. I will concede to gentlemen every thing they 
ask about the injustice of France towards this country I wish to 
God that our ability was equal to our disposition to make her feel 
the sense we entertain of that injustice. The manner of the pub- 
lication of the paper in question- was undoubtedly extremely ex- 
ceptionable, ^ut I maintain that, had it made its appearance ear- 
lier, it would not have had the effect supposed; and the proo! lies 
in the unequivocal declarations of the Biitish government I will 
trouble you, sir, v/ith going no further back, than to the letters of 
the British Minister, addressed to the Secretary of State, just be- 
fore the expiration of his diplomatic functions. It will be recol- 
lected by the committee that he exhibited to this government a 
despatch from Lord Castlereagh, in which the principle was dis- 
tinctly avowed, that to produce the effect of a repeal of the orders 
jn council, the French decrees .must be aljsolutt ly and entirely re- 
voked as to all the world, and not as to America alone. A copy 
of that despatch was demanded of him, and he very awkwardly evad- 
ed it. But on the lOlh of June, after the bill declaring war had 
actually passed this House, and was pending before the Senate and 
which I have no doubt was known to hi?n), in a letter to Mr Mon- 
roe, he says: " I have no hesitaiion, sir, in saying that Great Bri- 
ain, .as the case has hitherto stood, never did, nor ever could efi^ 



gage without the greatest injustice to herself and her allies, as well 
as to oiher neutral nations, tn repeal her orders as affecting Ame- 
rica alone, leavinj^ them in force against other states, upon condi- 
tion tliat France would except singly and specially America from 
the operation of her decrees." On the 14th of the same month, 
the bill still pending before the Senate, he repeals: "• I will now 
say. that I feel entirely authorised to assure you, that if you can at 
any time produce d^full and unconditional repeal of the French de- 
crees, as you have a right to demand it in your character of a neu- 
tral nation, and that it be disengaged from any question concerning 
our maritime rights, we shall be ready to meet you with a revo- 
cation of the orders in council. Previously to jour producing 
such an instrument, which I am sorry to see you regard as unne- 
cessary, you cannot expect of us to give up our orders in council." 
Thus, sir, you see that the British government would not be con- 
tent with a repeal of the French decrees as to us only. But the 
French paper in question, was such a repeal. It could not, there- 
fore, satisfy the British government Ii could not, tr^erefore, have 
induced that government, had it been earlier promulgated, to re- 
peal the orders in council. It could not, therefore, have averted 
the war. The withholding of it did not occasion the war, and the 
promulgation of it, would not have prevented the war. But gen- 
tlemen liave contended that, in point of fact, it did produce a re- 
peal of the orders in council. This I deny. After ii made its ap- 
pearance in England, it was declared by one of the British minis- 
try, in parliament, not to be satisfactory. And all the world knows, 
that the repeal of the orders in council, resulted from the inquiry, 
reluctantly acceded to by the ministry, into the effect upon their 
manufacturing establishments, of our nonimportation law,or to the 
■warlike attiiude as-^vimed by this government, or to both. But it 
is said, that t:>e orders in council are done away, no matter from 
■what cause; and that having been the sole motive for declaring the 
■war, the relations of peace ought to be re':.tored. This brings me 
into an examination of the grounds for continuing the war. 

I am far from acknowledging, that, had the orders in council 
been repealed, as they have been, before the war was declared, the 
decla. alion would have been prevented. In a body so numerous 
as this is, from which the declarati<jn emanated, it is impossible 
to say with any degree of certainty, what would have been the 
effect of such a repeal Each member must answer for himself. 
I have no hesitation, then, in saying, that I have always considered, 
the impressment of American seamen as much the most serious 
aggression. But, sir, how have those orders at last been repealed? 
Great Britain, it is true, has intimated a willingness to suspend 
their practical operation, Init she still ariogates to herself the right 
to revive them upon certain contingencies, of which she consti- 
tutes herself the sole judge. She waves the temporary use of 
the rod, l)ut she suspends it in terrorem over our heads. Supposing 
it was conceded to gentlemen that such a repeal of the orders in 
council, as took place on the 23d of June last, exceptionable as it 



13 

is, being known before Uie war, would have prevented the war» 
does it follow that it ought to induce us to lay down oui- arms, 
without the redress of any other injury? Does it follow, in all 
cases, that thai which would have prevented the war in the lirst 
instance, should terminate the war? By no means It requires a 
great struggle for a nation, prone to peace as this is, to burst 
through its habits and encounter the dillicuUies of war. Such a 
nation ought but seldom to go to war. When it does it should be 
for clear and essential rights alone, and it should firmly resolve 
to extort, at all hazards, their recognition. The war of the revo- 
lution is an example of a war began for one objeci and prosecuted 
for another. It was waged, in its commencement, against the 
right asserted by the parent country to tax the colonies. Then no 
one thought of absolute independence. The idea of independence 
was repelled. Bui the British government would have relinquished 
the principle of taxation. The founders of our liberties saw, how- 
ever, that there was no security short of independence, and they 
achieved our independence. When nations are engaged in war 
those rights in controversy, \^hich are not acknowledged by the 
treaty of peace, are abandoned. And who is prepared to sav that 
American seamen shall be surrendered, the victims to the British 
principle of impressment? And, sir, what is this principle? She 
contends that she has a right to the services of her own subjects. 
That, in the exercise of this right, she may lawfully impress them, 
even although she finds them in our vessels, upon the high seas, 
without her jurisdiction. Now 1 deny that she has any I'ight, 
•without her jurisdiction, to come on board our vessels, upon the 
high seas, for any other purpose but in pursuit of enemies, or their 
goods, or goods contraband of war. But she further contends, 
that her subjects cannot renounce their allegiance to her and con- 
tract a new obligation to other sovereigns. I do not mean to go 
into the general question of the right of expatriation. If, as is 
contended, all nations deny it, all nations at the same time admit 
and practice the right of naturalization. Great Britain herself 
does. Great Britain, in the very case of foreign seamen, imposes, 
perhaps, fewer restraints upon naturalization than any other 
nation. Then if subjects cannot break their original allegiance, 
they may, according to universal usage, contract a new aliegiinre. 
What is the effect of this double obligation? Undoubtedly, (hat 
the sovereign having the possession of the subject would have the 
right to the services of the subject. If he return within the juris- 
diction of his primitive sovereign, he may resume his right to his 
services, of which the subject, by his own act, could not divest 
himself. But his primitive sovereign can have no right to go in 
quest of him, out of his own jurisdiction, into the jurisdiction of 
another sovereign, or upon the high seas, where there exists either 
no jurisdiction, or it belongs to the nation owning the ship navi- 
gating them. But, sir, this discussion is altogether useless. It 
is not to the British principle, objectionable as it is, that we are 
alone to look. It is to her practice. No matter what guise she 
f uts on. It is in vain to assert the inviolability of the obligation 



14, 

of allegiance. It is in vain to set up the plea of neeessity, and to 
allege that she cannot exist without the impressment of UEB 
seamen. The naked truth is, she comes, by her press gangs, on 
board our vessels, seizes OUR native seamen, as vvelf as natu- 
ralized, and drags them into her service. It is the case, then, of 
the assertion of an erroneous principle, and a practice not confor- 
mable to the principle — a principle which, if it were tlieoretically 
right, must for ever be practically wrong. We are told, by gen- 
tlemen in the opposition, that government has not done alltl.at 
was incumbent on it to do to avoid just cause of complaint on the 
part of Great Britain — ihat, in particular, the certificates of pro- 
tection, authorised by the act of 1 796, are fraudulently used. Sir, 
government has done too much in granting t ose paper protec- 
tions. I can never think of them without being shocked. They 
resemble the passes which the master grants to his negro slave, 
"Let the bearer, Mungo, pass and repass without molestation. " 
What do they imply? That Great Briiain has a right to take all 
•who are not provided with them. From their very nature they 
must be liable to abuse on both sides If Great Britain desires a 
mark by which she can know her ovvn subjects, let her give them 
an ear mark. The colors that float from the mast head should be 
the credentials of our seamen There is no safety to us, an the 
gentlemen have shown it, but in the rule that all who sail under 
ihe flag (not being enemies) are protected by the flag. It is im- 
possible that this country should ever abandon the gallant tars, 
who have won for us such splendid trophies. Let me suppose that 
ihe genius of Columbia should visit one of them in his oppressor's 
prison, and attempt to reconcile him to his wretched condition. 
She would say to him, in the language of gentlemen on the other 
side, " Great Britain intends you no harm; she did not mean to 
impress you, but one of her own subjects; having taken you by 
mistake, I will remonstrate, and try to prevail upon her, by 
peaceable means, to release you, but I cannot, my son, fight for 
you." If he did not consider this mockery, he would address her 
judgment and say, "You owe me, my country, protection; I owe 
you, in return, obedience. I am no British subject, I am a native 
of old Massachusetts, where live my aged father, my wife, my 
children. I have faithfully discharged my duty. Will you refuse 
to do yours?" Appealing to her passions, he would continue, 
*' I lost this eye in fighting under Truxton, with the Insurgente; I 
got this scar before Tripoli; I broke this leg on board the Consti- 
tution, when the Guerriere stiuck." If she remained still un- 
moved, he would break out, in the accents of mingled distress and 
despair, 

Hard, hard, is mv fate! once I freedom enjoyed. 
Was as haf)|))' as happy could be! 

Oh! how hard ii. my fate, how galling these chains!* 

* It is impossible to describe the pathetic effect produced by this part of tjie 
speech. The day was chilling coiJ, so much so that Mr C has been heard to 
deciart- tliat ii was the only time he ever s[)oke when he was unable to keep him- 
self warm by the exercise of speaking; yet there were few eyes that did not testify 
to the sensibility excited. Edit. 



1 will not imagine the dreadful catastrophe to which he would be 
driven hy an abandonment of him to his oppressor. It will not be, 
it cannot be, that his country will refuse him protection. 

It is said, that Great Britain has been always willing to make 9.- 
saiisfactory arrangement of the subject of impressment; and that 
Ml". K.in!5 had nearly concluded one i)rior to his departure from 
that country. Let us hear w hat that minister says upon his return 
to America. In his letter dated at New York in July, 1803, after 
giving an account of his attempt to form an arrangement for the 
protection of our seamen, and his interviews to this end with Lords 
Havvkesbury and St. Vincent; and stating that, when he had sup- 
posed the terms of a convention were agreed upon, a new pretension 
was set up (the mare clausum), he concludes: " I regret not to 
have been able to put this business on a satisfactory footing, 
knowing as I do its very great importance to both parties; Lut I 
flatter myself that I have not misjudged the interests of our own 
country, in refusing to sanction a principle that might be produc- 
tive of more extensive evils than those it was our aim to prevent." 
The sequel of his negotiation, on this affair, is more fully given 
in the recent conversation between Mr. Russell and Lord Castle- 
reagh, communicated to Congress during its present session. 
Lord Castlereagh says to Mr. Russell: — 

" Indeed there has evidently been much misapprehension on this 
subject, and an erroneous belief entertained that an arrangement, 
in regard to it, has been nearer an accomplishment than the facts 
will warrant. Even our friends in Congress, I mean those who 
were opposed to going to war with us, have been so confident in 
this mi ake, that they have ascribed the failure of such an 
arrange lent solely to the misconduct of the American government. 
This error probably originated with Mr. King, for being much 
esteemed here, and always well received by the persons in power, 
he seems to have misconstrued their readiness to listen to his 
representations, and their warm professions of a disposition to 
remove the complaints of America, in relation to impressment, 
into a supposed conviction on their part of the propriety of adopting 
the plan which he had proposed. But Lord St. Vincent, whom 
he might have thought he had brought over to his opinions, 
appears never for a moment to have ceased to regard all arrange- 
ment on the subject to be attended with formidable, if not insur- 
mountable obstacles. This is obvious from a letter which his 
Lordship addressed to Sir William Scott at the time." Here Lord 
Castlereagh read a letter, contained in the records before him, 
in which Lord St- Vincent states to Sir William Scott the zeal 
with which Mr. King had assailed him on the subject of impress- 
ment, confesses his own perplexity and total incompetency to 
discover any px'actical project for the safe discontinuance of that 
practice, and asks for counsel and advice. " Thus you see," 
proceeded Lord Castlereagh, " that the confidence of Mr. King on 
jhis subject was entirely unfounded." 

Thus it is apparent, that, at no time, has the enemy been willing 



16 

to place this suli'iect on a satisfactory fooling: I will speak here-' 
alter of ihe over.iacs made by auniinisiration since the war. 

The honorable t^entleman from JSew York (IMr. Bleecker), in 
the very sensible speech witti which he favored the committee, 
made one observation that did not comport with his usual liberal 
•and enlart^ed views. It was that those who are most interested 
against the practice of impressment did not desire a continuance 
of the war on account of u., whilst those (the southern and western 
members) who had no mterest in u> were the zealous advocates of 
the American seamen. It was a provincial sentiment unworthy of 
that gentleman. It was one which, in a change of condition, he 
■would not express, because I know he could not feel it. Does not 
that gentleman feel for the unhappy victims of the tomahawk in 
the western country, although his quarter of the Union may be 
exempted from similar barbarities? I am sure he does. If there 
be a description of rights v/hich, more than any other, should 
unite all parties in all quarters of the Union, it is unquestionably 
the rights of the person. No matter what his vocation; whether he 
seeks subsistence amidst the dangers of the deep, or draws it from 
the bowels of the earth, or from the humblest occupations of me- 
chanic life: whenever the sacred rights of an xVmerican freeman 
are assailed, all hearts ought to unite and every arm should be 
braced to Vindicate his cause. 

The gentleman from Delaware sees in Canada no object worthy 
of conquest. According to hi n, it is a cold, sterile, and inhospi- 
table region. And yet, such are the allurements which it offers^ 
that the same gentleman apprehends that, if it be. annexed to the 
United States, already too much weakened by an extension of ter- 
ritory, the people of New England will rush over the line and de- 
populate that section of the Union! That gentleman considers it 
honest to hold Canada as a kind of hostage, to regard it as a sort of 
bond, for the good behavior of tiie enemy. But he will not enforce 
the bond. The actual conquest oi the country would, according t» 
him make no impression upon the enemy, and yet the very appre- 
hension only of such a conquest would at all times have a power- 
ful opeiation upon niinl Other gentlemen consider the invasion of 
thatcounlry as wicked and unjustifiable. Its inhabitants are repre- 
sented as unoffending, connected with those of the bordering states 
by a thousand tender ties, interchanging aces of kindness, and all 
the oifices of good neighborhood; Canada, said JMr. C. innocent! 
Canada unoflending! Is it not in Canada ihat the tomahawk of the 
savage has been mouldefl into its deathlike forai? From Canadian 
magazines, Maiden and others, that those supplies have been is- 
sued which nourish and sustain the Indian hostilities? Supplies 
which have enabled the savage hordes to butcher the garrison of 
Chicago, and to commit other horrible murders? Was it not by the 
joint co-operation of Canadians and Indians that a remote Ame- 
rican fort, Michilimackinac, was fallen upon and reduced, in igno- 
rance of a state of war? But sir, how soon have the opposition 
changed. When adininistration was striving, by the operation «f 



17 

peaceful ttieasures, to bring Great Britain back to a sense oF jus- 
tice, they were for old fashioned war. And now that they have 
got old fashioned war, their sensibilities are c! uelly shocked, and 
all their sympathies are lavished upon the harmless inhabitants of 
the adjoining provinces. What docs a state of war present? The 
united energies of one people arrayed against the combined ener- 
gies of another — a conflict in which each party aims to inflict all 
the injury it can. by sea and land upon the territories, property and 
citizens of the other subject only to the rules of mitigated war 
practised by civilized nations. The gentlemen would not touch 
the contmental provinces of the enemy, nor, I presume, for the 
same reason, her possessions in the West Indies. The same hu- 
mane spirit would spare the seamen and soldiers of the enemy. The 
sacred person of his Majesty must not be attacked, for the learned 
gentlemen, on the other side, are quite familiar with the maxim, 
that the King can do no wrong. Indeed, sir, I know of no persort 
on whom we may make war, upon the principles of the honoiable 
gentiemen, but Mr. Stephen, the celtbrated author of the orders 
in council, or the board of admiralty, who authorise and regulate 
the practice of impressmentl 

T e disasters of the war admonish us, we are told, of the neces- 
sity of terminating the contest. If our achievements upon the land 
have been less splendid than those of our intrepid seamen, it is not 
because the American soldier is less brave. On the one element 
organization, discipline, and a thorough knowledge of their duties 
exist, on the part of the ofiicers and their nitn. On the other al- 
most every thmg is yet to be acquired. We have however the 
consolation that our country abounds with the richest materials, 
and that in no instance when engaged in action have our arms 
been tarnished. At Brownstown and at Uueenstown the valor of 
veterans was displayed, and acts of the noblest hei-oism were per- 
formed. It is true, that the disgrace of Detroit remains to be 
wiped off. That is a subject on which I cannot trust my feelings, 
it is not fitting I should speak. But this much I will say, it Avas 
an event which no human foresight could have anticipated, and for 
■which administration cannot be justly censured. It was the parent 
of all the misfortunes we have experienced on land. But for it the 
Indian war would have been in a great measure prevented or ter- 
minated: the ascendency on lake Erie acquired, and the war push- 
ed perhaps to Montreal. With the exception of that event, the 
■war, even upon the land, has been attended by a series of the most 
brilliant exploits, which whatever interest they may inspire on this 
side of the mountains, have given the greatest pleasure on the 
other. The expedition under the command of Governor Edwards 
and Colonel Russell, to lake Pioria on the Illinois, was completely 
successful. So was that of Captain Craig, who it is said ascended 
that river still higher. General Hopkins destroyed the Prophet's 
toun. We have just received intelligence of the gallant enterprise 
of Colonel Campbell. In short, sir, the Indian town^ have been 
swept from the mouth to the source of the Wabash, and a hostile 

3 



18 

country has been penetrated far beyond the most daring incursions 
of any campaign during the former Indian war Never was more 
cool deliberate bravery displayed than that by Newnan's party from 
Georgia. And the capture of the Detroit and tlie destruction of 
the Caledonia, (whether placed to our maritime or land account) for 
judgment, skill, and courage on the part of Lieutenant Elliott, has 
never been surpassed. 

It is alleged that the elections in England are in favor of the 
ministry and that those in this country are against the war. If in 
such a cause (saying nothing of the impurity of their elections) the 
people of that country have rallied around their government, it af- 
fords a salutary lesson to the people here, who at all hazards ought 
to support theirs, struggling as it is to maintain our just rights. 
But the people here have not been false to themselves; a great ma- 
jority approves the war, as is evinced by the recent re election of 
the chief magistrate. Suppose it were even true, that an entire 
section of the Union were opposed to the war, that section being 
a minority, is the will of the mftjority to be relinquished? In 
that section the real strength of the opposition had been greatly ex- 
aggerated. Vermont has, by two successive expressions of her 
opinion approved the declaration of war. In New Hampshire, par- 
ties are so nearly equipoised that out of 30 or '?5,000 votes, those, 
who approved and are for supporting it. lost the election by only 
1,000 or 1,300. In Massachusetts alone have they obtained any 
considerable accession. If "e come to New York, we shall find 
that other and local causes have influenced her elections. 

What cause, Mr. Chairman, which existed for declaring the war 
has been removed? We sought indemnity for the past and security 
for the future. The orders in council arc suspended, not revoked; 
no compensation for spoliations, Indian hostilities, which were 
before secretly instigated, now openly encouraged; and the prac- 
tice of impressment unremittingly persevered in and insisted upon. 
Yet administration has given the strongest demonstrations of its 
love of peace. On the 29th June, less than ten days after the 
declaration of war, the Secretary of State writes to Mr. Russell, 
authorising him to agree to an armistice, upon two conditions only, 
and what are they? That the orders in council should be repealed, 
and the practice of impressing American seamen cease, those 
already impressed being released. The proposition was for no- 
thing more than a real truce; that the war should in fact cease on 
both sides. Again on the 27th July, one month later, anticipating 
a possible objection to these terms, reasonable as they are, Mr. 
Monroe empowers Mr. Russell to stipulate in general terms for 
an armistice, having only an informal understanding on these 
points. In return, the enemy is ofiered a prohibition of the em- 
ployment of his seamen in our service, thus removing entirely all 
pretext for the practice of impressment The very proposition 
which the gentleman from Connecticut (Mr. Pitkin) contends 
ought to be made, has been made. How are these pacific advances 
met by the other party? Rejected as absolutely inadmissible; 



19 

cavils are indulged about the inadequacy of Mr. Russell's powers, 
and the want of an act of Congress is intimated And yet the 
constant usage of nations I believe is, where the legislation of one 
party is necessary to carry into effect a given stipulation, to leave 
it to the contracting party to provide the requisite laws. If he 
fail to do so, it is a breach of good faith, and a subject of subse- 
quent remonstrance by the injured party. When Mr. Russell 
renev/s the overture, in what was intended as a more agieeuble 
form to the British government, Lord Castleieagh is not content 
with a simple rejectim, but clothes it in the language of insult. 
Afterwards, in conversation with Mr. Russell, the moderation of 
our government is misinterpreted and made the occasion of a 
sneer, that we are tired of the war. The proposition of Admiral * 
Warren is submitted in a spirit not more pacific. He is instvncted, 
he tells us, to propose that the government of the United States 
shall instantly recal their letters of marque and reprisal against 
Bi'itish ships, together with all orders and instructions lor any acts 
of hostility whatever against the territories of his Majesty or the 
persons or property of his subjects. That small affair being settled, 
he is further authorised to arrange as to the revocation of the laws 
which interdict the commerce and ships of war of his Majesty 
from the harbors and waters of the United States. This messencrer 
of peace comes with one qualified concession in his pocket, not 
made to the justice of our demands, and is fully empowered to 
receive our homage, the contrite retraction of all our measures 
adopted against his master! And in default, he does not fail to 
assure us, the orders in council are to be forthwith revived. Ad- 
ministration, still anxious to terminate the war, suppresses the 
indignation which such a proposal ought to have created, and in 
its answer concludes by informing Admiral Warren, ''That if there 
be no objection to an accommodation of the difference relating to 
impressment, in the mode proposed, other than the suspension of 
the British claim to impressment during the armistice, there can 
be none to proceeding, luithout the ai-mistice, to an immediate dis- 
cussion and arrangement of an article on that subject." Thus it 
has left the door of negotiation unclosed, and it remains to be seen 
if the enemy will accept the invitation tendei'ed to him. The 
honorable gentlemen from North Carolina (Mr. Pearson) supposes, 
that if Congress would pass a la'w, prohibiting the employment of 
British seamen in our service, upon condition of a like |.rohibition 
on their part, and repeal the act of non-importation, peace would 
immediately follow. Sir, I have no doubt if such a law were 
passed, with all the requisite solemnities, and the repeal to take 
place. Lord Castlereagh would laugh at our simplicity. No, sir, 
administration has erred in the steps which it has taken to restore 
peace, but its error has been not in doing too little but in betraying; 
too great a solicitude for that e%'ent. An honorable peace is at- 
tainable only by an efficient war. My plan would be to call out 
the ample resources of the country, give them a judicious direc 
tion, prosecute the war with the utmost vigor, strike wherever we 



2© 

own reach the enemy, at sea or on land, and negotiate the terms ol 
a peace a? Qiebec or Halifax. We are told that England is a^ 
proud and lofty nation that disdaining to vait for danger, meets it 
half way. Haiighiy as she is, we once triumphed over her, and 
if we do not listen to the councils of '.imidity and despair we shall 
again prevail. In such a cause, with the aid of Providence, we 
niviBt come out crowned with success; but if we fail, let us fail 
like men, lash ourselves to our gallant tars, and expire together in 
one common struggle, fighting for 



« SEAMEN S' RIGHTS AND FREE TRADE.^ 



89 W 








'*^.P. 






^°-nK 



' • 



^^•^.. 



1 






* » 



4 O 







.. • 



-^""^ '. 



<^ .^* 


























4 o 






0° .^^U- ' 



^0^ o 



.JAN.: 1389^ { ^^'^ ^;4>°;-o\ ^-^^^^^^ 









7o ^^ "Tit. 



o. 



■ V < 



